(H)
"Discovery" means the ascertainment of
information made pursuant to rule 1513-3-10 of the Administrative Code.

(I)
"Final order" means a
written
decision of the commission, which resolves the
matters presented in an appeal, which is issued in accordance with rule 1513-3-19 of the Administrative Code, and which is appealable to the courts pursuant to section
1513.14 or section
1514.09 of the Revised
Code.

(J)
"Full party" means the appellant, the appellee and any intervenor participating
in an appeal pursuant to paragraph (C) of rule 1513-3-07 of the Administrative Code.

(K)
"Hearing officer"
means a person designated by the reclamation commission pursuant to section
1513.05 of the Revised Code to
conduct hearings or perform other duties as directed by the
commission.

(L)
"Interested persons in an appeal pending before the
commission" are the appellant, the appellee, any intervenors and any other
persons who have notified the commission of an interest in a pending appeal and
have requested to be notified of hearings in said pending
appeal.

(M)
"Intervenor" means
any person
granted the right to intervene pursuant to rule 1513-3-07 of the Administrative Code.

(N)
"Person" means any
individual, partnership, limited liability company,
corporation, association, or other legal entity, or any political
subdivision, instrumentality, or agency of this state or the United
States.

(O)
"Proffer" means to
offer or tender testimony or documents or other tangible objects into
evidence.

(P)
"Regular business
hours" for the reclamation commission means ten a.m. to six p.m., Monday
through Friday, except for state holidays or other days in which offices of the
government of the state of Ohio are permitted to close due to weather, safety
or other unforeseeable events which present a risk to the public or to the
commission employees. In the event of the absence of the office staff, contact
information for the chairperson and vice-chairperson of the commission will be prominently
posted at the commission offices.

(Q)
"Rules of the reclamation commission" means
rules 1513-3-01 to 1513-3-22 of the Administrative Code and shall apply to appeals filed under both Chapters 1513. and 1514. of the Revised Code, unless specifically provided otherwise.

(1)
Four members
constitute a quorum, and no action of the commission shall be valid unless it
has the concurrence of at least four members.

(2)
An inability to
reach a concurrence of four members shall be deemed to have occurred when a
majority of the participating members conclude that a concurrence of four
members cannot be reached.

(3)
In rendering a
decision, if the members of the commission who attended a hearing fail to reach
a concurrence of at least four commission members, the existing record of
proceedings shall be submitted to all members who did not attend any portion of
the hearing, which members shall inform the commission of their decision to
participate in the appeal. If any such member decides to participate, that
member shall review the record of the proceedings before the commission, and
then shall participate in the rendering of a decision in the matter under
consideration.

(4)
In the event that a concurrence of four members cannot
be reached, a decision shall be issued reflecting that four members of the
commission could not reach agreement regarding whether the chief's action under
appeal was, or was not, arbitrary, capricious or otherwise inconsistent with
law. In such case, the commission's decision shall include the necessary order,
affirming the chief's action under appeal pursuant to division (B) of section
1513.13 of the Revised
Code.

(C)
If a commission member has attended
a hearing, but was absent from a portion of that hearing, the absent commission
member shall review that portion of the record from which he was absent before
participating in the rendering of a decision in the matter under
consideration.

(D)
Pursuant
to section 1513.05 of the Revised Code, the
reclamation commission shall elect a secretary, who shall perform such duties
as the commission prescribes, including:

(1)
Promptly recording minutes of all meetings of the commission which shall be open to
public inspection during regular business hours at the office of the
commission.

(2)
Serving as custodian of the records and
papers of the commission and preserving copies of briefs and other
filings.

(3)
Assembling,
transmitting and certifying the complete record of proceedings before the
commission out of which appeals made pursuant to section
1513.14 or section
1514.09 of the Revised Code
arise.

(4)
Providing notice of all
public meetings of the
commission in accordance with the following :

(a)
Any person may ascertain the time and place of
regularly-scheduled public meetings by contacting the office of
commission during regular
business hours;

(b)
Upon request,
any person may obtain advance notice of all regularly-scheduled public meetings
by supplying the office of the
commission with stamped, self-addressed envelopes. The office will mail to such
person a notice of the time and place of meetings at least four calendar days
before the scheduled
meeting;

(c)
The time and location for commission meetings
shall be announced in the "Hannah Report" published by Rotunda, Inc.

(5)
Establishing and maintaining
records for the funds held in a penalty fund mandated by division (E)(3) of
section 1513.02 of the Revised
Code.

(6)
Remitting, in appropriate
amounts, funds from a penalty fund as mandated in division (E)(3) of section
1513.02 of the Revised
Code.

(7)
The secretary of the
commission shall have the authority to delegate to any staff member of the
commission, those duties
assigned to the secretary pursuant to this rule.

(E)
Documents and
files of the commission, or parts thereof, shall not be removed from the
custody of the commission without the consent of the commission.

(F)
The documents and
files of the commission shall be available for inspection and examination at
the office of the commission
during regular business hours, as defined by paragraph
(O) of rule 1513-3-01 of the Administrative Code.

(G)
All
hearings before the commission shall be recorded by
audio-electronic devices, which recording shall constitute the official record of
the hearing. However, the commission may allow other means
for the creation of
the official record of the hearing at the commission's discretion or upon
motion of a party, or joint motion of parties, and if such motion is granted,
the requesting party or parties shall bear the expense of the creation of such
record, which record shall then be filed with the commission.

(H)
Any transcript of a proceeding before the
commission, if filed with the commission shall be made available for
reproduction upon application to the commission and payment of reproduction
costs.

(1)
Upon request of a party, or at the
initiative of the commission, the commission shall issue subpoenas ad
testificandum or duces tecum.

(2)
The party requesting a subpoena shall comply with all
requirements of rule 45 of the Ohio Rules of Civil Procedure.

(3)
Except for good cause shown, a request for
issuance of a subpoena shall be made at least ten days before
a scheduled hearing.

(4)
Subpoenas shall be served in compliance
with rule 45 of the Ohio Rules of Civil Procedure.

(5)
A subpoena ordering the appearance of an
employee of the Columbus office of the division of mineral resources management
may be personally served by the commission.

(6)
The commission may issue a subpoena signed
by the
commission, but otherwise in blank, to a party or counsel requesting a subpoena, which
party or counsel shall complete the subpoena form before service
in compliance with rule 45 of the Ohio Rules of Civil
Procedure.

(7)
If the witness being subpoenaed resides outside the
county in which a hearing will be held, the fees for one day's attendance and
mileage shall be tendered to the witness without demand. The attendance fee and
mileage reimbursement shall be as set forth in section
119.094 of the Revised Code. The
responsibility to tender such fees to the witness being subpoenaed shall be
borne by the party requesting the issuance of the subpoena.

(8)
The cost of serving a subpoena
shall be borne by the party requesting the issuance of the
subpoena.

(1)
Public notice of hearings on the
adoption, amendment, or rescission of rules, to be conducted by the
commission, shall be advertised
one time in five newspapers published in different counties and of general
circulation in the state.

(2)
The
public notice shall be given at least thirty days, but not more than fifty
days, prior to the hearing.

(a)
State the
commission's intention to
consider adopting, amending, or rescinding rules;

(b)
Include a synopsis or full text of the
proposed rules, amendments, or rules to be rescinded, or a general statement of
the subject matter to which such proposed rules relate;

(c)
State the reason or purpose for adopting,
amending, or rescinding the rules;

(d)
Enumerate the date, time and place of the
hearing on the proposed actions, which shall not be earlier than thirty days
after the proposed rules, amendments, or rescissions are filed; and

(e)
State the place from which copies of the
proposed rules, amendments, or rules to be rescinded may be obtained.

(4)
The office of the
commission shall provide the
public notice to anyone who requests it and pays a reasonable fee, not to
exceed the cost of copying and mailing.

(K)
In the event that the rules of the
commission are amended, all proceedings in actions brought after the amendment
and also all further proceedings in actions then pending shall be governed by
the amended rules.

(L)
The
commission may appoint hearing
officers to conduct hearings on issues of fact and law arising in an appeal or
to perform any other duties as directed by the commission
or its secretary. The hearing officer shall have
the same powers and authority in conducting hearings as granted
to the reclamation commission.

(A)
Except as
prohibited by section
4705.01 of the Revised Code, any
party may appear on his own behalf or may be represented by an attorney at law
admitted to practice before the supreme court of Ohio, or by an attorney
admitted to practice by the commission pursuant to a motion to appear pro hac
vice.

(B)
Any attorney at law admitted to practice before the
courts of the state of Ohio may practice before the commission. Practice shall
include commencing, conducting or defending any matter before the commission.
Attorneys admitted to practice in Ohio shall provide their attorney
registration number on filings made with the commission.

(C)
Attorneys not
admitted to practice before the courts of the state of Ohio may petition the
commission for admission pro hac vice. Attorneys appearing pro hac vice shall
comply with rule XII of the Rules for the Government of the Bar of Ohio, and
shall present to the commission a copy of a certificate of pro hac vice
registration with the Ohio supreme court.

(D)
All persons appearing before the commission
shall conform to the standards of ethical conduct required in appearances in
the courts of the state of Ohio. The commission shall have the authority, for
good cause stated in the record, to bar from participation in a particular
proceeding any person, including an attorney, who shall refuse to comply with
the
commission's directions, or who engages in disorderly conduct, dilatory
tactics, or contemptuous language in the course of such proceedings.

(E)
The commission may, for cause, deny or suspend
the right of any person to appear before the commission.

(F)
Notice of any change of attorney of record shall
be given promptly to the commission and to all other
parties.

(G)
Ex parte contacts
or communications concerning substantive issues of a pending case between
parties or representatives of the parties appearing before the commission and
the commission is prohibited.

(1)
Be in writing and may be in the form of a
letter or a legal pleading;

(2)
Identify the name, address , telephone number and email
address, if available,of the appellant;

(3)
Identify the name, address
,
telephone number and email address, if available,
of appellant's counsel, if appellant is represented by counsel;

(4)
Identify the notice, order or decision of
the chief of the division of mineral resources management to be reviewed, and include a copy of the written notice, order or
decision to be reviewed;

(5)
Pursuant to section
1513.13 of the Revised Code,
identify the grounds upon which review is being sought, the manner in which
appellant is aggrieved or adversely affected by the action of the chief of the
division of mineral resources management and the relief sought on appeal;

(6)
Be signed by the appellant or
by an attorney admitted to practice before the supreme court
of Ohio, or an attorney admitted to practice by the commission pursuant to a
motion to appear pro hac vice, and

(7)
Where review of
the assessment of a civil penalty is sought, the appellant shall comply with
the requirements of section
1513.02 of the Revised Code and
shall include and forward to the commission the amount of the penalty for
placement in a penalty fund.

(2)
State whether or not the appellant requests that the
commission view the site in question; and

(3)
State whether or
not the appellant waives its right to have a hearing held within the time
requirements set forth under division (B) of section
1513.13 of the Revised
Code.

(D)
Failure to comply with the provisions of section
1513.13 of the Revised Code
governing the filing of appeals with the commission shall be sufficient basis
for dismissing the appeal. The effect of such a dismissal shall be to leave in
effect the action of the chief of the division of mineral resources managment
from which the dismissed appeal has been made and shall not constitute an
affirmance of said action by the commission.

(1)
The notice of appeal shall be filed
within thirty days after service of the notice, order or decision by the chief
of the division of mineral resources management
and shall be filed in accordance with paragraph (B)
of rule 1513-3-05 of the Administrative Code.

(2)
Where review of the approval of disapproval of a permit application is sought,
the appellant shall comply with the requirements of section
1513.07 of the Revised Code and
shall file such notice within thirty days of notification of the final decision
of the chief of the division of mineral resources management on the permit
application.

(3)
The original and
one copy of the notice of appeal shall be filed with the reclamation
commission.

(4)
A notice of appeal shall be deemed filed when a
complete notice in compliance with the rules of this chapter is determined to
be filed with the commission under the provisions of paragraph (B) of rule 1513-3-05 of the Administrative Code.

(5)
A copy of the
notice of appeal shall be filed with the chief of the division of mineral
resources management within three days of the filing of such notice with the
commission.

(F)
A notice of
appeal may be amended without leave of the commission during the time allowed
for original filing or a notice of appeal may be amended by leave of the
commission at any time after the time allowed for original filing. Amendment of
a notice of appeal may not be employed to cure jurisdictional defects in the
filing, unless the amendment is filed within the time allowed for original
filing of the notice of appeal.

(A)
Documents
required or permitted to be filed with the commission may be filed personally, by
mail addressed to the reclamation commission or by facsimile transmission
followed by hard copy.

(B)
The filing of a notice of appeal is controlled by
section 1513.13 of the Revised
Code. A notice of appeal shall be deemed filed with
the commission when received by the commission, or
if the notice of appeal is sent to the commission by certified mail, registered
mail or express mail, the notice of appeal shall be deemed filed with the
commission on the postmark date placed upon the sender's receipt by the postal
service.

(C)
The copy of the notice of appeal required by section
1513.13 of the Revised Code to
be filed with the chief of the division of mineral resources management shall
be deemed filed with the chief when received by the chief, or if the copy of
the notice of appeal is sent to the chief by certified mail, registered mail or
express mail, the copy of the notice of appeal shall be deemed filed with the
chief on the postmark date placed upon the sender's receipt by the postal
service.

(D)
A document requesting temporary relief shall be deemed
filed with the commission only when received by the commission.

(E)
All filings
other than a notice of appeal or request for temporary relief, that are not sent to the commission by certified mail,
registered mail or express mail, shall be deemed filed
with the commission on the day
on which the filings are received by the commission.
Filings made by
certified mail, registered mail or express mail, shall
be deemed filed on the postmark date placed upon the sender's receipt by the
postal service.

(F)
Parties shall file an original and one copy of
any papers required or permitted to be filed with the commission.

(G)
Copies of all documents filed
with the commission by any
party to an appeal shall be served upon all other parties to the appeal.
Service on a party represented by counsel shall be made on counsel.

(4)
Proof of service in the form of a
statement of the date and manner of service and of the names of the persons
served.

(J)
If
documents filed with the commission cite case law as
authority in support of argument, the filing must include a copy of the case
law cited and must refer to the page number or paragraph on which the relevant
language is found.

(K)
Once an appeal is initiated, the commission may,
through order, establish a filing and service protocol, which may, among other
provisions, include the electronic transmission of documents.

(A)
In computing any period of time
stated or allowed by Chapter
1513. or Chapter 1514. of the Revised Code or by the rules of this
chapter of the Administrative Code:

(1)
The day of the
act or event from which the designated period of time begins to run shall not
be included.

(2)
The last day of the period so computed shall be
included, unless it is a Saturday, Sunday or a legal holiday, in which event
the period runs until the end of the next day which is not a Saturday, Sunday
or a legal holiday.

(3)
When the period of time stated or allowed is less than
seven days, intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation.

(B)
Whenever a party is required or permitted
to respond to a document, and the document was sent by
mail, the time for response shall be extended by three days, unless otherwise ordered by the commission.

(C)
The commission
may lengthen or reduce the time
period allowed for any response or filing but the commission shall not
lengthen or reduce the time for:

(A)
Any person may
petition for leave to intervene in an appeal
before the commission, which appeal has
been initiated by another party. A petition for leave
to intervene must be filed at least ten days prior to the beginning of an
evidentiary hearing on the merits of an appeal, unless waived by the commission
for extraordinary cause.

(B)
A petitioner for leave to intervene shall incorporate in the petition a
statement setting forth the interest of the petitioner and, where required, a showing of why
the
petitioner's interest is or may be adversely affected.

(C)
Subject to compliance with
paragraph (A) of this rule, the commission shall grant intervention where
the petitioner:

(1)
Had a statutory right to
initiate an appeal in which he wishes to intervene;
or

(2)
Has an interest which is or
may be adversely affected by the chief's action under
appeal.

(D)
If
neither paragraph (C)(1) nor (C)(2) of this rule applies, the commission
may
consider the following in determining whether intervention
will
be permitted:

(2)
The adequacy of
representation of petitioner's interest which is provided by the existing
parties to the proceeding; and

(3)
The ability of the petitioner to present
relevant evidence and argument.

(E)
Any person granted
leave to intervene in a proceeding may participate in such proceeding as a full
party or, if desired by the intervenor or if so determined by the commission,
in a capacity less than that of a full party. If an intervenor is to
participate in a limited capacity, the extent and the terms of the
participation shall be at the discretion of the commission.

(F)
The commission
may allow the filing of amicus briefs and may permit oral argument at hearing
by amicus curiae. Any person wishing to participate in an appeal as an amicus
curiae shall move the commission for leave to so participate. Amicus
participation is discretionary and will be permitted only upon the terms and
conditions imposed by the commission.

(A)
The
chairperson of the reclamation commission may, under
conditions he prescribes, grant temporary relief he considers appropriate
pending final determination of an appeal in accordance with the provisions of
division (C) of section
1513.13 of the Revised
Code.

(B)
A request for temporary
relief must meet the requirements for a notice of appeal set forth in
paragraph (B) of rule 1513-3-04 of the Administrative Code and must also contain:

(1)
A detailed
written statement setting forth the reasons why relief should be granted;
and

(2)
Where a right to a decision
in five days exists pursuant to division (C) of section
1513.13 of the Revised
Code a clear statement of whether or not that right is waived.

(C)
The appellant may
waive the
requirement that the hearing for temporary relief be held in the locality
of the permit area.

(D)
The chairperson may terminate the
temporary
relief hearing whenever, in
the
chairperson's judgment, further argument
or evidence is unnecessary.

(E)
If at any time after the initiation of
the temporary relief procedure, the appellant acts in a manner so as to
frustrate the expeditious nature of this proceeding, such action shall
constitute a waiver of the right to temporary
relief.

(F)
The decision of the
chairperson of the commission to grant or deny temporary
relief may be appealed to the commission, including the
chairperson who decided temporary relief, within
thirty days after the chairperson's issuance of the decision in accordance
with the provisions of section
1513.13 of the Revised Code. The
commission may confine its review to the record developed at the temporary
relief hearing conducted by the chairperson.
The commission shall affirm the decision of the chairperson,
unless it determines that the chairperson's decision is arbitrary, capricious, or
otherwise inconsistent with law.

(G)
Temporary relief shall not be granted
when the relief sought is the issuance of a permit when a permit has been
denied, in whole or in part, by the chief.

(A)
The
reclamation commission may order a party to file a response to any request,
allegation, averment, or argument made by another party in a notice of appeal
or other document filed with the commission. The response ordered may be
either a counter-argument or an admission or
denial of averments, or other response.

(B)
Unless the commission orders otherwise,
the party ordered to file a response pursuant to this rule shall have ten days
from the issuance of the commission's order to make such filing.

(C)
Failure to respond
as
ordered may be treated as a failure to appear at hearing.

(A)
Parties to an appeal may obtain discovery in preparing
their case in accordance with the provisions of rules 26 through 36 of the Ohio
Rules of Civil Procedures.

(B)
Discovery may be
obtained from all parties, including intervenors. Discovery from non-parties
may be obtained pursuant to rule 45 of the Ohio Rules of Civil
Procedures.

(C)
If a party fails to obey an order to compel or permit
discovery issued by the commission, the commission may make such orders in
regard to the failure as are just, including, but not limited to, taking
actions limiting the disobedient party's right to present evidence or
terminating the proceedings and rendering a judgment by default against the
disobedient party.

(4)
Be filed
with the commission and served upon all parties to the
appeal at least ten days in advance of the hearing,
unless the movant demonstrates that unusual circumstances exist justifying an
exception to this rule.

(B)
Motions for
reconsideration of any decision of the commission shall be made in writing
within five business days, calculated in accordance with paragraph
(A)(3) of rule
1513-3-06 of the Administrative
Code, after the issuance of the commission's decision. A motion for
reconsideration shall state with particularity the grounds on which it is
based. The filing of a motion for reconsideration does not extend the time for
filing a notice of appeal in the appellate court.

(C)
A party may file a motion for the
admission of additional evidence. Such motion shall include an affidavit averring that
the evidence is newly discovered and could not have been ascertained with reasonable diligence
prior to the
proceeding before the commission.

(D)
In compliance with the requirements of paragraph
(C)(2) of rule
1513-3-13 of the Administrative
Code, motions for continuance of a hearing must be filed with the
commission and served upon all
parties to an appeal at least fourteen days in advance of a
hearing.

(E)
Unless the
commission orders otherwise, any party to an appeal shall have ten days
from service of the motion or until hearing, whichever is earlier, to file a
response to a motion.

(F)
If a party fails to make a motion in
compliance with the commission's scheduling orders, the commission may refuse
to consider said motion. If a party fails to respond to a motion, or fails to
respond within a time established by the commission, the commission may
construe this failure as a waiver of objection.

(G)
Objections to
jurisdiction are not waivable and may be raised at any point in an appeal.
Motions to dismiss on jurisdictional grounds should be filed as expeditiously
as practicable.

(A)
The commission, or its hearing
officer, on its own initiative or at the request of any
party, may schedule and hold pre-hearing conferences
regarding issues on
appeal.

(B)
Whenever a
pre-hearing conference is held, the commission, or its hearing officer, may
issue an order which recites the matters discussed, the agreements reached, and
the rulings made at the pre-hearing conference.

(C)
The commission, or its hearing officer,
may require the filing of a pre-hearing statement by the parties to an appeal.
The commission may require the statement to:

(1)
Inform the commission in detail of the
factual and legal issues which the case presents;

(1)
The commission
may continue any
hearing upon its own motion or may continue any
hearing upon motion of any party, and upon the party's showing
of good cause and proper diligence .

(2)
Motions for
continuance of a hearing must be filed with the commission and served upon all parties
to an
appeal at least fourteen days in advance of a hearing.

(3)
Motions for continuance made less than
fourteen days before hearing or at hearing shall be granted only upon
demonstration that an extraordinary situation exists which could not have been
anticipated and which would justify the granting of a continuance.

(4)
Motions for continuance must state the
reasons why a continuance is necessary.

(5)
A request for continuance by
any party who has a right to
a hearing or decision within a prescribed time
period, shall be viewed as a waiver of that
party's right to a hearing or
decision within such prescribed period.

(6)
Resumptions of a hearing
may be ordered by the commission in situations where a
hearing cannot be concluded in the time initially set
.

(1)
After an action is commenced, or as part
of a notice of appeal, any party may request that the commission view the site
of mining or reclamation operations
or
other areas or features relevant to the appeal.

(2)
Subject to any applicable safety
requirements, the commission may, upon reasonable notice and at reasonable
times, inspect any site or other premises when the commission is of the opinion
that such a viewing would have a beneficial value in any matter pending before
the commission.

(3)
A quorum of
commission members need not be present to conduct a site view.

(4)
The commission
shall control and direct the manner of conducting a site view.

(5)
All parties shall have prior notice of a site
view and shall have the right to be present.

(6)
Where a site view is conducted on property subject to
a mining and reclamation permit, parties shall be informed prior to the site
view of any necessary personal protective equipment, including hard hat, safety
glasses, hearing protection, safety-toed shoes or boots and additional
equipment as may be required on mine property as determined by the mine
operator.

(7)
The commission may limit the number of persons who may
accompany a party at a site view.

(8)
No argument or independent oral statement of the
parties shall be permitted at a site view.

(B)
Location
of hearings. The location of hearings to be held under the rules of this
chapter of the Administrative Code shall be established by the commission,
giving due regard to the convenience of the parties and their witnesses,
provided further that :

(1)
Where the hearing reviews an order or notice of
violation requiring cessation of mining, the hearing shall be in
reasonable proximity to the mining site so that any viewings can be conducted
during the course of the hearing ;

(2)
Where the
hearing is on a motion for temporary relief, and if requested, the hearing
shall be in the locality of the permit area ;

(3)
In all other proccedings, the hearing shall be in
Columbus, Ohio or at
any other convenient public location selected by the commission.

When appeals involving a common question of law or
fact are pending before the
commission, such appeals are subject to consolidation pursuant to
a motion by a party or at the initiative of the commission.
The commission shall administer consolidated appeals in
the manner it deems most appropriate.

(A)
The reclamation commission shall conduct
hearings and other proceedings in such a manner as to render a
complete decision on all issues
which are presented, and shall take any steps consistent with the impartial
discharge of its duties which are reasonable and necessary to ascertain all
relevant facts. The commission shall determine the
conduct of the hearing and the order of presentation of
evidence.

(1)
In review of notices of
violation and cessation orders, the division of mineral resources management
shall have the ultimate burden of persuasion as to the validity of the notice
of violation or cessation order.

(2)
In review of civil penalty assessments,
the division of mineral resources management shall have the ultimate burden of
persuasion as to the fact of the underlying violation and as to the amount of
the penalty.

(3)
In review of any
other orders or decisions of the chief of the division of mineral resources
management, the ultimate burden of persuasion shall rest with the
appellant.

(4)
If any parties object to the admission
or rejection of any evidence or to other limitations of the scope of any
examination or cross-examination, they shall state briefly the grounds for such
objection, and the record may include argument thereon, as allowed by the
commission.

(5)
A continuing objection, once made, shall be sufficient
to preserve objection to an area of evidence.

(6)
If the commission refuses to admit
evidence, the party offering the same may make a proffer thereof, and the
proffer shall be made a part of the record of the hearing. Proffers may consist
of testimony or documentary evidence. Proffers may be made in the following
manner:

(a)
A summary statement by counsel as
to the content of the expected testimony;

(7)
Government documents relating to
an
appeal may be considered by the commission in adjudicating the case, but
copies thereof may be substituted in the record of the proceedings. If certain
government documents entered as part of the record are
required by the chief for use by the division of mineral resources management
pending the appeal, the chief may retain such documents subject to recall by
the commission.

(8)
The commission may, upon motion of any party, direct
that a portion of a hearing be conducted in camera and that the corresponding
portion of the record be sealed to prevent public disclosure of trade secrets,
proprietary business information, or confidential research, development, or
commercial materials and information. The party requesting such protection
shall have the burden of establishing that such protection is
required.

(9)
Parties to a commission hearing shall produce at
hearing sufficient copies of any proposed exhibits, so that:

(10)
Where an exhibit is oversized, copies in a reduced
format shall be provided where possible. If an exhibit is oversized, and cannot
be readily reproduced in a reduced format, the offering party is not required
to produce additional copies of the proposed exhibit at hearing in accordance
with paragraph (C)(9) of this rule.

(D)
A stipulation concerning issues of fact
or authenticity of documents before the commission must have the concurrence of
all full parties to an appeal. A stipulation may
be oral or written, and if written, shall be signed by all
full
parties and filed with the commission prior to hearing. Such a stipulation is
binding upon the commission. A stipulation shall be a conclusive determination of the facts stipulated
to.

(1)
Affidavits may be admitted only if the
evidence is otherwise admissible and all full
parties agree that affidavits may be used in lieu of oral testimony by a
witness. A party desiring to use
an affidavit in lieu of oral testimony must serve all
full parties with a copy of the affidavit at least fifteen days prior to a
hearing. If all full parties to the appeal agree upon the use of the affidavit
in lieu of oral testimony, the affidavit shall be filed with the
commission at least five days prior to the hearing.

(2)
In the case of
an unavailable declarant, testimony may be offered in compliance with rule 804
of the Ohio Rules of Evidence.

(3)
The use of a deposition in lieu of the
deponent's oral testimony at hearing shall be allowed under the same provisions
as are articulated in rule 32 of the Ohio
Rules of Civil Procedure. A party desiring
to use a deposition or any designated part
thereof at hearing, shall file the complete deposition with the commission and serve
written notice to every other party at least ten days prior to
hearing.

(4)
Objections to deposition testimony shall be resolved
in accordance with rule 32 of the Ohio Rules of Civil
Procedure.

(5)
Where a party is attempting to use written testimony,
and such written testimony has been filed with the commission and served upon
the parties in accordance with these rules, any full party shall present to the
commission a schedule of objections to the written testimony prior to the
commencement of hearing.

(6)
When another action
involves the same subject matter
and has
been brought between the same parties or their representatives or successors in
interest, all affidavits , depositions
or testimonies lawfully taken in
a
commission proceeding may be used in another commission proceedings as
if originally taken therefor. In the second commission
proceeding the admissibility of the written testimony shall again be
determined.

(b)
An officer or employee of a party who is
designated as its representative by its attorney; or

(c)
A person whose presence is shown by a
party to be essential to the presentation of his cause.

(5)
A witness at any hearing shall testify under
oath or affirmation, which may be administered by any member of the commission,
by a hearing officer or by an Ohio notary.

(6)
At a hearing where witnesses are called, only
one attorney for each party may examine or cross-examine a witness unless
otherwise permitted by the commission.

(7)
The commission may examine on
the record the interested parties or
witnesses.

(G)
If the
appellant fails to appear personally or by counsel or other authorized
representative at a hearing scheduled after being duly notified of the hearing
, and if good cause for such failure to
appear is not shown, the commission may dismiss the appeal.

(H)
By agreement of the parties, a case may
be submitted for decision on stipulated facts and
briefs; however, the reclamation commission may direct that the case be heard
in an evidentiary hearing or argued before the commission.

(I)
The reclamation commission may order the
parties to a proceeding to submit briefs at a time designated
by the commission, on issues raised in an appeal or on any issues as the commission
in its discretion shall determine.

(J)
The commission may order the parties to submit written
closing arguments, post-hearing briefs or proposed findings of fact and
conclusions of law.

(K)
During the course of a hearing, the commission
may order oral argument upon
any issue.

(L)
At any time after hearing, but prior to the issuance of a decision, the
commission may at its discretion or upon motion of a party, reopen
an appeal
for further proceedings.

(A)
An appeal before the commission may be
closed by the appellant's filing
of a notice of withdrawal of appeal at
any time
prior to the commission's rendering of a final decision.

(B)
If all full
parties agree, settlement may be allowed at any stage of the proceedings prior
to a final decision. In all cases where a proceeding is sought to
be terminated by any of the parties as a result of a settlement agreement, the
terms of such settlement shall be submitted to the commission for final
action.

(C)
If an appeal is settled during the course of a hearing, the
parties shall enter into the record a statement acknowledging that they have
reached an agreement, that all issues have been resolved, and that a withdrawal
of the appeal will be filed.

(A)
Unless otherwise directed by the
commission, where a hearing
officer has conducted an adjudicatory hearing, the hearing officer shall submit
a report and recommendation to the commission in accordance with the
provisions of section
1513.131 of the Revised
Code.

(B)
After an action is commenced, or as part of a notice of appeal, any full party
to an appeal may make a written motion requesting that its hearing be conducted
before the commission, rather than before a hearing officer.

(C)
The hearing officer shall submit reports and
recommendations to the commission on any interlocutory rulings which
fully adjudicate
the issues of the appeal.

(D)
Reports and recommendations of hearing officers
shall be submitted to the commission within a time reasonably sufficient to
allow the commission to issue its orders within any time limits imposed by law.
However, in the event that a decision must be rendered
within a specified time period, the appeal will be heard by the commission
rather than by a hearing officer, unless there has been a waiver of the right
to an expedited hearing.

(E)
Reports and recommendations of the hearing
officers shall be sent to the parties by certified mail.

(F)
A party may, within fourteen days after receipt
of a report and recommendation of the hearing officer, serve and file written
objections to the hearing officer's report, which objections may include a
motion for admission of additional evidence. Objections shall be specific and
state with particularity the grounds therefor.

(G)
Any party may within fourteen days after
receipt of objections to the report and recommendation of the hearing
officer,
file a response.

(H)
The commission may
order oral argument upon objections to a report and recommendation of the
hearing officer.

(3)
An order affirming, modifying, or vacating and remanding, the matter
under appeal.

(B)
All decisions of the commission shall be signed by the
chairperson of the commission or by any commission
member designated by the chairperson.

(C)
When a decision is issued, the commission
shall give notice thereof by certified mail to all parties to the
proceeding.

(D)
Decisions of the
commission shall be issued within a reasonable time after appeal and in
accordance with division (B) of section
1513.13 of the Revised
Code.

(E)
Clerical mistakes in
decisions, orders or other parts of the record and errors therein
from oversight or omission may be
corrected by the commission at any time on its own initiative or on motion of
any party. During the time period after a final
decision has been issued by the commission, clerical mistakes in the final
decision and errors therein from oversight or omission may be corrected before
an appeal of the commission's final decision is filed. Thereafter, while an
appeal is pending before an appellate court, a final decision may be so
corrected with leave of the court. The correction of a clerical mistake or
error in a final decision does not extend the time for filing a notice of
appeal in the appellate court.

(1)
If a review of a civil
penalty assessment results in an order reducing or eliminating a civil penalty,
the commission shall, thirty days after issuing a final decision, remit
the funds to the appellant in accordance with division (E) of section
1513.02 of the Revised
Code.

(2)
If a review of a civil
penalty assessment results in an order affirming the penalty, the
commission shall, thirty days after issuing a final decision, transfer
the funds to the chief of the division of mineral resources
management.

(3)
If a review of a
civil penalty assessment results in an order increasing the penalty, the person
to whom the order was issued shall pay the difference to the reclamation
commission within thirty days after the order is
received, and the commission shall transfer the funds
plus the additional penalty amount to the chief of the division of mineral
resources management.

(4)
If any
party requests judicial review of a final order of the
commission which order relates
to a civil penalty assessment, that party must so notify the commission office
within thirty days after the order is issued, and the commission shall continue
custody of the funds until the judicial review is completed. If the commission
is not so notified, the funds shall be transferred to the proper party as set
forth in this rule.

(A)
Pursuant to
division (E)(1)(c) of section
1513.13 of the Revised Code, the
division of mineral resources management may file a petition for an award of
costs and expenses including attorneys' fees reasonably incurred in connection
with any appeal before the reclamation commission which results in a final
order being issued by the commission and where the division demonstrates that a
party initiated or participated in the appeal in bad faith and for the purpose
of harassing or embarrassing the division.

(1)
A petition for
an award of costs and expenses including attorneys' fees requested under
division (E)(1)(c) of section
1513.13 of the Revised Code must
be filed with the commission within sixty days of the petitioner's receipt of
the final decision of the commission in the action in which the fees were
incurred. Failure to make a timely filing of the petition shall constitute a
waiver of the right to such an award.

(2)
Contents of
petition. A petition filed with the commission pursuant to division (E)(1)(c)
of section 1513.13 of the Revised Code
shall include the name of the person from whom costs and expenses are sought
and the following shall be submitted in support of the petition:

(a)
An affidavit
setting forth in detail all costs and expenses, including attorneys' fees,
reasonably incurred for, or in connection with, the division's participation in
the proceeding;

(a)
All costs and
expenses, including attorneys' fees and expert witness fees, reasonably
incurred as a result of the division's participation in a proceeding before the
commission; and

(b)
All costs and expenses, including attorneys' fees and
expert witness fees, reasonably incurred in seeking the award of
costs.

(B)
A decision by
the chief of the division of mineral resources management granting or denying,
in whole or in part, a request for an award of costs and expenses including
attorneys' fees made under division (E)(1)(a) or (E)(1)(b) of section
1513.13 of the Revised Code
shall be appealable to the commission under division (A) of section
1513.13 of the Revised Code.
Such appeal shall be filed in compliance with division (A) of section
1513.13 of the Revised Code and
in compliance with rule 1513-3-04 of the Administrative Code.

(C)
Any person aggrieved by a decision concerning the
award of costs and expenses in an administrative appeal before the reclamation
commission may appeal such order of the commission in the manner prescribed in
section 1513.14 of the Revised
Code.

(D)
A party's participation in an appeal brought under
Chapter 1514. of the Revised Code does not qualify for an award of costs and
expenses including attorneys' fees.

(A)
Any party aggrieved or adversely affected
by a decision of the reclamation commission:

(1)
In actions involving coal mining and
reclamation brought under Chapter 1513. of the Revised Code may seek review of
a commission decision in the court of appeals for the county in which the
activity addressed by the decision of the commission occurred, is occurring, or
will occur , or

(2)
In
actions involving industrial minerals mining and reclamation and brought under
Chapter 1514. of the Revised Code may seek review of a commission decision
in the court of common pleas in the county where the
operation
addressed by the decision of the
commission is located or in the Franklin county court of common pleas
.

(B)
Appeals must be filed within thirty days
of the issuance of the decision by the commission.

(C)
Appeals of commission decisions
shall
be filed in accordance with the provisions of the Ohio Rules of Appellate Procedure.

(D)
To perfect an
appeal of a commission decision, the appealing party
shall:

(1)
File a notice of appeal with the office
of the commission within the
time allowed for appeal;

(2)
Serve
a copy of the notice of appeal to each party, or
its counsel, at
the last
known address; and

(3)
File a
directive with the office of the
commission requesting the
transmission of the complete record of proceedings before the commission to the
appropriate appellate court. The commission shall
control the transcription and transmission of the record.